When Racing Authority and Criticism Collide
By Sharan Kumar
Indian racing has a long history of professionals
crossing swords with those who run the sport. Some disputes ended in the
courts, some in compromise and some became part of racing folklore.
There is something rather intriguing about the Royal
Western India Turf Club. India became independent nearly eight decades ago, yet
the word “Royal” remains comfortably embedded in the name of one of the
country's most important racing institutions. The old British race names, the
Guineas, the Oaks and the Derby, have survived too, as have some of the old
dress conventions. There is nothing wrong with preserving traditions. Racing,
perhaps more than most sports, is built around history and tradition.
What is more difficult to understand is another
tradition, one that has nothing to do with horses: the apparent sensitivity of
racing authorities to criticism and the tendency, on occasions, to regard
criticism of those in charge as criticism of the institution itself.
This is hardly a new phenomenon. Indian racing history
is full of instances in which trainers, jockeys, owners and even people who
have themselves served on racing committees have found themselves on the
opposite side of the Stewards. Some disputes were forgotten, while others
became important chapters in the history of the sport. Several found their way
into the courts.
One of the most fascinating examples concerns Rashid
Byramji, who went on to become one of the greatest trainers in Indian racing.
Byramji had been associated with the RWITC but eventually fell out with the
authorities over remarks attributed to him that appeared in a publication and
regarded as critical of the Stewards. He was asked to apologise but refused.
There was, however, an important distinction in
Byramji's version of events. When I spoke to him about the episode, he told me
that he had refused to apologise because he had not made the remarks attributed
to him. In his view, he was being asked to apologise for something he had never
said. The Stewards nevertheless proceeded against him and he was effectively
driven out of Mumbai racing.
Byramji subsequently moved his base to Bangalore, and
the rest became racing history. Bangalore gave him the opportunity to race his
horses at various centres across the country and he went on to build an
extraordinary national reputation. He eventually saddled 230 Classic winners,
including 10 Indian Derby winners and 12 Indian Turf Invitation Cup winners. A
disciplinary action that ended his association with Mumbai did not end his
career; it coincided with the making of one of the greatest training careers
India has seen.
There was another observation Byramji made to me which
has remained in my mind. He felt that the Stewards had too much power and said
that, if they did not like your face, they could refuse to give you a licence.
It was a colourful expression, typical of Byramji, but behind it was a serious
concern about the dependence of trainers and jockeys on licences controlled by
the very authorities with whom they might disagree. His own experience gave
that concern some context.
Pesi Shroff's history with racing authorities is
equally interesting because it involved more than one club. Shroff was banned
by the RWITC after an article in the press which was considered critical of the
Stewards.
What makes the episode particularly interesting is
what happened when another racing club later suspended Shroff. When the Madras
Race Club took disciplinary action against him, the RWITC itself protested and
refused to implement the suspension. The matter eventually reached the Supreme
Court before a compromise was arrived at. The same institution that had
disciplined Shroff was therefore, on another occasion, prepared to defend him
against another racing authority.
There have been several other examples. Former RWITC
chairman K. N. Dhunjibhoy took the club to court after his trainer was
suspended in a case involving the alleged dilution of a urine sample. The
Thumbelina case was another unusual episode. Thumbelina had won the Indian 1000
Guineas, but the result became embroiled in a disciplinary dispute. Vijay
Shirke, himself a Steward now, challenged the decision and the matter
eventually reached the courts, with Thumbelina being restored the race.
Pradeep Chouhan also challenged his suspension in
court during his days as a jockey and the matter was eventually resolved
through an amicable settlement. Jockey Aslam Kader's case followed a newspaper
article criticising one of his rides as questionable. His licence was
subsequently restored, but only after he had spent considerable time on the
sidelines. Suraj Narredu had earlier been suspended in Mumbai after being
accused of taking an unnecessarily long lead and losing the race. The
suspension prevented him from riding Super Storm in the Indian Derby, which the
horse subsequently won. Narredu later challenged a separate six-month
suspension in Bangalore after his horse was beaten by a short head. He obtained
a stay, although by then much of the suspension had already been served,
limiting the practical benefit.
These episodes also explain why the number of cases
that reached court may not tell the whole story. For a trainer or jockey whose
livelihood depends upon a licence, taking on the establishment is not an easy
decision. There has been an apprehension among professionals that challenging
the authorities could create difficulties later, and some have therefore
preferred to serve their punishment rather than enter into a prolonged legal
battle.
None of this means that every professional punished by
the Stewards was right, or that every disciplinary action was unjustified.
Racing needs strong regulatory authority. Rules are meaningless without
somebody capable of enforcing them. But such power carries a corresponding
responsibility to follow due process and natural justice. A trainer's or
jockey's licence is his livelihood, and a suspension can keep a professional
out of work for months. A disqualification can also affect owners, trainers,
breeders and jockeys and alter the result of an important race.
That is why the present discussion at the RWITC needs
to be seen against this longer history.
Former chairman Vivek Jain, speaking at the recent
Annual General Meeting, raised questions about the club's functioning and
democratic processes, including the absence of elections for several years,
electronic voting, voter identification and the desirability of members
physically attending the AGM. He also questioned attendance at committee
meetings and the difficulties in getting Stewards to attend race meetings at
Pune.
Whether every suggestion is practical is another
matter. But questions about the functioning of an institution are legitimate
subjects for its members. If the electronic voting system is secure, that can
be explained. If attendance at committee meetings is satisfactory, the figures
can demonstrate it. If there are adequate Stewards available for race meetings,
that too can be established.
An institution does not necessarily protect its
reputation by objecting to criticism. Quite often, it protects its reputation
by answering criticism with facts.
This becomes particularly important when the
expression “bringing the club into disrepute” is used. If interpreted too
broadly, almost any serious criticism of management can be described as
damaging the institution. A member questioning an election, a journalist
questioning a disciplinary decision or a trainer challenging a suspension could
all potentially be accused of harming racing. The danger is that criticism
itself then becomes the offence rather than the conduct being criticised.
There was an interesting example some years ago
involving the internationally respected racing authority James Underwood. He
was banned from entering the premises of the RWITC after being critical of the
functioning of the club. The decision was subsequently withdrawn after some
members of the Managing Committee reportedly expressed their disapproval. It
was a reminder that even within a governing body there can be recognition that
a response to criticism has gone too far.
Such episodes do little to enhance the image of those
occupying positions of authority. If anything, they reinforce the impression
that the people running an institution can sometimes be more sensitive to
criticism than the institution itself needs to be. The RWITC is too important a
part of Indian racing for legitimate criticism to be treated automatically as
an attack on its reputation.
The history of Indian racing provides enough examples
of why such an approach can be counterproductive. Byramji went on to establish
one of the greatest training records in Indian racing. Pesi Shroff continued to
build an extraordinary career despite his battles with racing authorities.
Thumbelina's result was restored, while other professionals have had
suspensions reduced, licences restored or disputes settled. The courts have, on
several occasions, become the place where the limits of racing authority were
tested.
That does not mean the racing authorities were acting
in bad faith, nor that every professional who went to court was automatically
correct. It does demonstrate, however, that disciplinary decisions in racing
cannot be assumed to be beyond scrutiny.
Racing clubs occupy a peculiar position because they
combine sport, business, social organisation and regulation. Those who run them
are simultaneously members, administrators and regulators. That concentration
of authority makes internal checks and democratic participation particularly
important.
The RWITC has a remarkable history and its traditions
are part of the attraction of Indian racing. There is no reason for the club to
abandon them. But tradition should not become a justification for resisting
accountability. The present generation of professionals and members is far more
willing to question decisions, while newspapers, websites and social media
ensure that such questions can no longer remain within the club's corridors.
The sensible response is greater transparency rather
than greater sensitivity. When a member raises an uncomfortable question at an
AGM, it can be answered. When a journalist questions a decision, the reasoning
can be explained. When a professional challenges a disciplinary order, the
prescribed appeal process can take its course.
The RWITC has survived for well over a century because
it has adapted to enormous changes in Indian society and racing. Its name can
remain Royal, the Guineas and Oaks can continue to be run, the Derby can remain
the centrepiece and the traditional dress can survive where the club wishes it
to. But the institution itself operates in a modern environment in which
criticism is not necessarily an act of hostility.
Indian racing will inevitably continue to have
disagreements between professionals and authorities. That is not necessarily a
sign of a failing institution. What matters is whether those disagreements can
be handled without turning criticism into confrontation. The history of
Byramji, Shroff, Thumbelina and the many others who have challenged
disciplinary decisions suggests that this has always been one of the more
difficult balances for Indian racing to achieve.
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